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september 2003

Supreme Court of India · 2003-09-09

KRISHNA MOHAN KUL @ NANI CHARAL KUL &ANR vs PRATIMA MAITY .

Citation / case number
SC 2002/19298
Court
Supreme Court of India
Petitioner
KRISHNA MOHAN KUL @ NANI CHARAL KUL &ANR
Respondent
PRATIMA MAITY .
Bench
DORAISWAMY RAJU & ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's decision declaring the deed of settlement executed by Dasu Charan Kul void under Section 123 of the Transfer of Property Act, 1882, due to lack of valid execution and the executant's incapacity. The Court emphasized that the burden of proof regarding the validity of the deed lay with the defendants, not the plaintiffs, and found that the lower courts had erred in their assessments. Consequently, the Supreme Court affirmed the High Court's ruling, reinforcing the principle that a deed must be executed with clear intent and capacity to be valid.

KRISHNA MOHAN KUL @ NANI CHARAL KUL &ANR vs PRATIMA MAITY . · Niyam